TINJAUAN YURIDIS PERLINDUNGAN HUKUM TERHADAP KEJAHATAN NARKOTIKA YANG DILAKUKAN OLEH ANAK (Studi Kasus Putusan Pengadilan Negeri Semarang No.11/Pid.Sus- Anak/2017/PN.Smg)

The spread of drugs among children has reached a stage that is very
difficult to control, this fact is very worrying because children are the next generation
of the nation in the future. Children need special training and protection. This study
aims to determine the factors of children committing narcotics crimes and to
determine the analysis of judges' decisions in narcotics crimes committed by minors.
The method used is a normative juridical approach. That is where the law is
conceptualized as what is written in the legislation (law in books) or the law is
conceptualized as a rule or norm which is a benchmark for human behavior that is
considered appropriate. That the Semarang District Court in adjudicating the
handling of the criminal case Decision Number 11/Pid.Sus-Anak/2017/PN.Smg which
was carried out by the Child was in accordance with Article 127 paragraph (1) letter
a of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics Jo Article
11 of 2012 concerning the Juvenile Justice System. Especially for crimes committed
by children, there is what is called diversion, namely the transfer of the settlement of
children's cases from the judicial process to the process outside the court. According
to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, which
prioritizes the element of diversion at the level of examination, prosecution and
judicial process. If the suspect in a drug case is committed by a minor, it is possible
to get different sanctions. Because basically the Juvenile Criminal Justice System is
based on the principle that the interests of the child must be upheld. Jail is a last
resort. Parents should supervise and educate their children, because if the role of
parents in educating their children is very weak, it is very likely that children will
commit delinquency such as cases of drug abuse, delinquency which is very fatal and
will have its own bad impact on children, keep children away from friends whose
behavior looks deviant, because if the child is in promiscuity it is very dangerous, he
might follow the lifestyle of his friends.
Keywords: Legal protection, Narcotics crime, Children